Calvert v. Carpenter

Citations

• 96 Ill. 63
• 1880 Ill. LEXIS 5

Syllabus

<p>1. Chancery practice—effect of verdict on feigned issue. Ordinarily, in. chancery cases, where a feigned issue is directed by the chancellor to be made up and submitted to a jury with respect to some controverted fact arising in the case, the verdict of the jury upon such issue is not conclusive upon the question submitted, but merely advisory in its character, and the chancellor may, when satisfied that truth and justice require it, render a decree contrary to the verdict.</p> <p>2. Same—effect of verdict on contest of will. The verdict of a jury in a case contesting a will in chancery, under the statute, is to have the same force and effect as is given to a verdict in a case at law under a like state of facts ; and when not manifestly against the weight of evidence, the court is bound by it in the same manner and to the same extent as if it were a case at law.</p> <p>3. New trial—on the evidence. Where there is an irreconcilable conflict in the testimony this court will not reverse the judgment of the trial court where the evidence of the successful party, when considered by itself, is clearly sufficient to sustain the verdict, and especially where the evidence is voluminous and there have been two trials resulting the same way. The court below and the jury have superior means to this court of judging of the credibility of the witnesses and what weight to give their testimony.</p>